Full Text of SB0954 97th General Assembly
SB0954eng 97TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning transportation.
| 2 | | Be it enacted by the People of the State of Illinois, | 3 | | represented in the General Assembly:
| 4 | | Section 5. The Illinois Vehicle Code is amended by changing | 5 | | Sections 1-164.5, 7-203, and 7-317 as follows:
| 6 | | (625 ILCS 5/1-164.5)
| 7 | | Sec. 1-164.5. Proof of financial responsibility. Proof of | 8 | | ability to
respond in damages for any liability thereafter | 9 | | incurred resulting from the
ownership, maintenance, use or | 10 | | operation of a motor vehicle for bodily injury
to or death of | 11 | | any person in the amount of $20,000, and subject to this limit
| 12 | | for any one person injured or killed, in the amount of $40,000 | 13 | | for bodily
injury to or death of 2 or more persons in any one | 14 | | accident, and for damage to
property in the amount of $15,000 | 15 | | resulting from any one accident. This proof
in these amounts | 16 | | shall be furnished for each motor vehicle registered by every
| 17 | | person required to furnish this proof. | 18 | | In the case of the revocation of a driver's license of any | 19 | | person under Section 6-205 of this Code, "proof of financial | 20 | | responsibility" means proof of ability to respond in damages | 21 | | for any liability thereafter incurred resulting from the | 22 | | ownership, maintenance, use or operation of a motor vehicle for | 23 | | bodily injury or death of any person in the amount of $50,000, |
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| 1 | | and subject to this limit for any one person injured or killed, | 2 | | in the amount of $100,000 for bodily injury to or death of 2 or | 3 | | more persons in any one accident, and for damage to property in | 4 | | the amount of $40,000 resulting from any one accident. This | 5 | | proof
in these amounts shall be furnished for each motor | 6 | | vehicle registered by every
person required to furnish this | 7 | | proof. | 8 | | The changes made by this amendatory Act of the 97th General | 9 | | Assembly may be referred to as Devin's Law.
| 10 | | (Source: P.A. 90-89, eff. 1-1-98.)
| 11 | | (625 ILCS 5/7-203) (from Ch. 95 1/2, par. 7-203)
| 12 | | Sec. 7-203. Requirements as to policy or bond. No such | 13 | | policy or bond referred to in Section 7-202 shall
be effective | 14 | | under this Section unless issued by an insurance company or
| 15 | | surety company authorized to do business in this State, except | 16 | | that if
such motor vehicle was not registered in this State, or | 17 | | was a motor
vehicle which was registered elsewhere than in this | 18 | | State at the
effective date of the policy or bond, or the most | 19 | | recent renewal
thereof, such policy or bond shall not be | 20 | | effective under this Section
unless the insurance company or | 21 | | surety company, if not authorized to do
business in this State, | 22 | | shall execute a power of attorney authorizing
the Secretary of | 23 | | State to accept service on its behalf of notice or
process in | 24 | | any action upon such policy or bond arising out of such
motor | 25 | | vehicle accident. However, every such policy or bond is |
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| 1 | | subject, if
the motor vehicle accident has resulted in bodily | 2 | | injury or death, to
a limit, exclusive of interest and costs, | 3 | | of not less than $20,000 because of
bodily injury to or death | 4 | | of any one person in any one motor vehicle
accident and, | 5 | | subject to said limit for one person, to a limit of not less | 6 | | than
$40,000 because of bodily injury to or death of 2 or more | 7 | | persons
in any one motor vehicle accident, and, if the motor | 8 | | vehicle accident
has resulted in injury to or destruction of | 9 | | property, to a limit of not
less than $15,000 because of injury | 10 | | to or destruction of
property of others
in any one motor | 11 | | vehicle accident. In the case of the revocation of a driver's | 12 | | license of any person under Section 6-205 of this Code, every | 13 | | such policy or bond is subject, if
the motor vehicle accident | 14 | | has resulted in bodily injury or death, to
a limit, exclusive | 15 | | of interest and costs, of not less than $50,000 because of
| 16 | | bodily injury to or death of any one person in any one motor | 17 | | vehicle
accident and, subject to said limit for one person, to | 18 | | a limit of not less than
$100,000 because of bodily injury to | 19 | | or death of 2 or more persons
in any one motor vehicle | 20 | | accident, and, if the motor vehicle accident
has resulted in | 21 | | injury to or destruction of property, to a limit of not
less | 22 | | than $40,000 because of injury to or destruction of
property of | 23 | | others
in any one motor vehicle accident.
| 24 | | Upon receipt of a written motor vehicle accident
report | 25 | | from the Administrator the insurance company or surety company
| 26 | | named in such notice shall notify the Administrator within such |
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| 1 | | time and
in such manner as the Administrator may require, in | 2 | | case such policy or
bond was not in effect at the time of such | 3 | | motor vehicle accident.
| 4 | | (Source: P.A. 85-730.)
| 5 | | (625 ILCS 5/7-317) (from Ch. 95 1/2, par. 7-317)
| 6 | | Sec. 7-317. "Motor vehicle liability policy" defined. (a)
| 7 | | Certification. -A "motor vehicle liability policy", as that | 8 | | term is
used in this Act, means an "owner's policy" or an | 9 | | "operator's policy" of
liability insurance, certified as | 10 | | provided in Section 7-315 or Section
7-316 as proof of | 11 | | financial responsibility for the future, and issued,
except as | 12 | | otherwise provided in Section 7-316, by an insurance carrier
| 13 | | duly authorized to transact business in this State, to or for | 14 | | the
benefit of the person named therein as insured.
| 15 | | (b) Owner's Policy. --Such owner's policy of liability | 16 | | insurance:
| 17 | | 1. Shall designate by explicit description or by | 18 | | appropriate
reference, all motor vehicles with respect to which | 19 | | coverage is thereby
intended to be granted;
| 20 | | 2. Shall insure the person named therein and any other | 21 | | person using
or responsible for the use of such motor vehicle | 22 | | or vehicles with the
express or implied permission of the | 23 | | insured;
| 24 | | 3. Shall insure every named insured and any other person | 25 | | using or
responsible for the use of any motor vehicle owned by |
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| 1 | | the named insured
and used by such other person with the | 2 | | express or implied permission of
the named insured on account | 3 | | of the maintenance, use or operation of any
motor vehicle owned | 4 | | by the named insured, within the continental limits
of the | 5 | | United States or the Dominion of Canada against loss from
| 6 | | liability imposed by law arising from such maintenance, use or
| 7 | | operation, to the extent and aggregate amount, exclusive of | 8 | | interest and
cost, with respect to each motor vehicle, of | 9 | | $20,000 for bodily injury
to or death of one person as a result | 10 | | of any one accident and, subject
to such limit as to one | 11 | | person, the amount of $40,000 for bodily injury
to or death of | 12 | | all persons as a result of any one accident and the
amount of | 13 | | $15,000 for damage to property of others as a result of any
one | 14 | | accident , but in the case of the revocation of a driver's | 15 | | license of a named insured under Section 6-205 of this Code, | 16 | | the policy shall insure against loss from
liability imposed by | 17 | | law arising from such maintenance, use or
operation, to the | 18 | | extent and aggregate amount, exclusive of interest and
cost, | 19 | | with respect to each motor vehicle, of $50,000 for bodily | 20 | | injury
to or death of one person as a result of any one | 21 | | accident and, subject
to such limit as to one person, the | 22 | | amount of $100,000 for bodily injury
to or death of all persons | 23 | | as a result of any one accident, and the
amount of $40,000 for | 24 | | damage to property of others as a result of any
one accident .
| 25 | | (c) Operator's Policy. --When an operator's policy is | 26 | | required, it
shall insure the person named therein as insured |
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| 1 | | against the liability
imposed by law upon the insured for | 2 | | bodily injury to or death of any
person or damage to property | 3 | | to the amounts and limits above set forth
and growing out of | 4 | | the use or operation by the insured within the
continental | 5 | | limits of the United States or the Dominion of Canada of any
| 6 | | motor vehicle not owned by him.
| 7 | | (d) Required Statements in Policies. --Every motor vehicle | 8 | | liability
policy must specify the name and address of the | 9 | | insured, the coverage
afforded by the policy, the premium | 10 | | charged therefor, the policy period,
and the limits of | 11 | | liability, and shall contain an agreement that the
insurance | 12 | | thereunder is provided in accordance with the coverage defined
| 13 | | in this Act, as respects bodily injury and death or property | 14 | | damage or
both, and is subject to all the provisions of this | 15 | | Act.
| 16 | | (e) Policy Need Not Insure Workers' Compensation. --Any | 17 | | liability
policy or policies issued hereunder need not cover | 18 | | any liability of the
insured assumed by or imposed upon the | 19 | | insured under any workers'
compensation law nor any liability | 20 | | for damage to property in charge of
the insured or the | 21 | | insured's employees.
| 22 | | (f) Provisions Incorporated in Policy. --Every motor | 23 | | vehicle
liability policy is subject to the following provisions | 24 | | which need not
be contained therein:
| 25 | | 1. The liability of the insurance carrier under any such | 26 | | policy
shall become absolute whenever loss or damage covered by |
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| 1 | | the policy
occurs and the satisfaction by the insured of a | 2 | | final judgment for such
loss or damage shall not be a condition | 3 | | precedent to the right or
obligation of the carrier to make | 4 | | payment on account of such loss or
damage.
| 5 | | 2. No such policy may be cancelled or annulled as respects | 6 | | any loss
or damage, by any agreement between the carrier and | 7 | | the insured after
the insured has become responsible for such | 8 | | loss or damage, and any such
cancellation or annulment shall be | 9 | | void.
| 10 | | 3. The insurance carrier shall, however, have the right to | 11 | | settle
any claim covered by the policy, and if such settlement | 12 | | is made in good
faith, the amount thereof shall be deductible | 13 | | from the limits of
liability specified in the policy.
| 14 | | 4. The policy, the written application therefor, if any, | 15 | | and any
rider or endorsement which shall not conflict with the | 16 | | provisions of
this Act shall constitute the entire contract | 17 | | between the parties.
| 18 | | (g) Excess or Additional Coverage. --Any motor vehicle | 19 | | liability
policy may, however, grant any lawful coverage in | 20 | | excess of or in
addition to the coverage herein specified or | 21 | | contain any agreements,
provisions, or stipulations not in | 22 | | conflict with the provisions of this
Act and not otherwise | 23 | | contrary to law.
| 24 | | (h) Reimbursement Provision Permitted. --The policy may | 25 | | provide that
the insured, or any other person covered by the | 26 | | policy shall reimburse
the insurance carrier for payment made |
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| 1 | | on account of any loss or damage
claim or suit involving a | 2 | | breach of the terms, provisions or conditions
of the policy; | 3 | | and further, if the policy shall provide for limits in
excess | 4 | | of the limits specified in this Act, the insurance carrier may
| 5 | | plead against any plaintiff, with respect to the amount of such | 6 | | excess
limits of liability, any defense which it may be | 7 | | entitled to plead
against the insured.
| 8 | | (i) Proration of Insurance Permitted. --The policy may | 9 | | provide for
the pro-rating of the insurance thereunder with | 10 | | other applicable valid
and collectible insurance.
| 11 | | (j) Binders. --Any binder pending the issuance of any | 12 | | policy, which
binder contains or by reference includes the | 13 | | provisions hereunder shall
be sufficient proof of ability to | 14 | | respond in damages.
| 15 | | (k) Copy of Policy to Be Filed with Department of
| 16 | | Insurance--Approval. --A copy of the form of every motor | 17 | | vehicle
liability policy which is to be used to meet the | 18 | | requirements of this
Act must be filed, by the company offering | 19 | | such policy, with the
Department of Insurance, which shall | 20 | | approve or disapprove the policy
within 30 days of its filing. | 21 | | If the Department approves the policy in
writing within such 30 | 22 | | day period or fails to take action for 30 days,
the form of | 23 | | policy shall be deemed approved as filed. If within the 30
days | 24 | | the Department disapproves the form of policy filed upon the | 25 | | ground
that it does not comply with the requirements of this | 26 | | Act, the
Department shall give written notice of its decision |
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| 1 | | and its reasons
therefor to the carrier and the policy shall | 2 | | not be accepted as proof of
financial responsibility under this | 3 | | Act.
| 4 | | (l) Insurance Carrier Required to File Certificate. --An | 5 | | insurance
carrier who has issued a motor vehicle liability | 6 | | policy or policies or
an operator's policy meeting the | 7 | | requirements of this Act shall, upon
the request of the insured | 8 | | therein, deliver to the insured for filing,
or at the request | 9 | | of the insured, shall file direct, with the Secretary
of State | 10 | | a certificate, as required by this Act, which shows that such
| 11 | | policy or policies have been issued. No insurance carrier may | 12 | | require
the payment of any extra fee or surcharge, in addition | 13 | | to the insurance
premium, for the execution, delivery or filing | 14 | | of such certificate.
| 15 | | (m) Proof When Made By Endorsement. --Any motor vehicle | 16 | | liability
policy which by endorsement contains the provisions | 17 | | required hereunder
shall be sufficient proof of ability to | 18 | | respond in damages.
| 19 | | (Source: P.A. 85-730.)
| 20 | | Section 99. Effective date. This Act takes effect January | 21 | | 1, 2012.
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